Poisons Amendment (Miscellaneous) Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .
13 December 2016C. WARNER
Governor
By Her Excellency's Command,
MICHAEL DARREL JOSEPH FERGUSON
Minister for Health
These regulations may be cited as the Poisons Amendment (Miscellaneous) Regulations 2016 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended as follows:(a) by inserting the following definition before the definition of Academy :Aboriginal health worker means a person who holds a Certificate III, or equivalent, in Aboriginal Primary Health Care from a registered training organisation;(b) by omitting the definition of PBS medication chart and substituting the following definition:PBS medication chart has the same meaning as medication chart in regulation 19AA(4) of the National Health (Pharmaceutical Benefits) Regulations 1960 of the Commonwealth;(c) by inserting the following definition after the definition of private hospital :registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;(d) by inserting the following definition after the definition of specified psychotropic substance :speech pathologist means a person who –(a) has successfully completed an accredited course of study in speech pathology at a tertiary institution, or holds qualifications and experience deemed by Speech Pathology Australia to be equivalent to such a course; and(b) is eligible for membership of Speech Pathology Australia;
5. Regulation 15 amended (Prescribing and supply of narcotic substances)
Regulation 15(7)(a) of the Principal Regulations is amended as follows:(a) by omitting "legibly write the prescription in ink and, in his or her own handwriting, is to";(b) by inserting in subparagraph (i) "or issued" after "written";(c) by omitting subparagraph (iii) and substituting the following subparagraph:(iii) hand-written legibly in ink, the name of the narcotic substance, the dosage and quantity to be dispensed; and
6. Regulation 19 amended (Prescription for certain narcotic substances to be issued only on authority of Secretary)
Regulation 19(1) of the Principal Regulations is amended as follows:(a) by inserting the following paragraph after paragraph (a) :(ab) cannabis;(b) by omitting paragraphs (d) and (e) and substituting the following paragraphs:(d) fentanyl, except in the case of a patient with cancer;(da) hydromorphone;(e) ketamine;(c) by inserting the following paragraph after paragraph (ea) :(eb) methadone;(d) by inserting the following paragraph after paragraph (ga) :(gb) pethidine;
7. Regulation 62A amended (Interpretation of Division)
Regulation 62A of the Principal Regulations is amended by omitting the definition of registered training organisation .
8. Regulation 62E amended (Interpretation of Division)
Regulation 62E of the Principal Regulations is amended as follows:(a) by omitting the definition of registered training organisation ;(b) by omitting "services at a particular event or location." from paragraph (c) of the definition of relevant first-aider and substituting "first aid services at a particular event or location; or";(c) by inserting the following paragraphs after paragraph (c) in the definition of relevant first-aider :(d) an employee of Acute Health Pty Ltd (ABN 68 151 470 049), while he or she is acting in accordance with an agreement with Acute Health Pty Ltd to provide its first aid services at a particular event or location; or(e) an employee of Ambulance Private Pty Ltd (ABN 78 083 065 605), while he or she is acting in accordance with an agreement with Ambulance Private Pty Ltd to provide its first aid services at a particular event or location; or(f) an employee of Wilson Medic One (ABN 69 088 192 956), while he or she is acting in accordance with an agreement with Wilson Medic One to provide its first aid services at a particular event or location.
9. Regulation 62G amended (Interpretation of Division)
Regulation 62G of the Principal Regulations is amended by omitting the definition of registered training organisation .
10. Regulation 63A inserted
After regulation 63 of the Principal Regulations , the following regulation is inserted in Division 6:63A. Aboriginal health worker may administer certain substances
For the purposes of section 38(1)(i) and section 47(1)(e) of the Act, an Aboriginal health worker may administer a substance listed in Schedule 2 , 3 , 4 or 8 to the Poisons List if the Aboriginal health worker –(a) acts –(i) in accordance with the written authority of a medical practitioner, dentist, eligible midwife or authorised nurse practitioner; and(ii) under the supervision of a medical practitioner, dentist, authorised nurse practitioner or registered nurse or midwife; and(b) holds any qualifications that the Aboriginal and Torres Strait Islander Health Practice Board of Australia determines are appropriate for the administration of that substance.
11. Regulation 64 amended (Prescribed persons for section 38(1)(i) of Act)
Regulation 64 of the Principal Regulations is amended as follows:(a) by omitting from paragraph (e)(ii) "Director." and substituting "Director; and";(b) by inserting the following paragraph after paragraph (e) :(f) a person who is a speech pathologist employed in the State Service and who has undertaken an educational program approved by the chief executive officer of the Tasmanian Health Service, within the meaning of the Tasmanian Health Organisations Act 2011 , in relation to the administration of local anaesthetics may administer, in the course of speech pathology practice, a topical local anaesthetic listed in Schedule 2 , 3 or 4 to the Poisons List.
12. Regulation 70 amended (Prescription, &c., of certain substances prohibited, unless authorised by Secretary)
Regulation 70(1) of the Principal Regulations is amended by inserting after paragraph (c) the following paragraph:(ca) cannabidiol;
13. Regulation 78A amended (Interpretation)
Regulation 78A of the Principal Regulations is amended by omitting "pharmacy trainee" from the definition of pharmaceutical chemist and substituting "pharmaceutical chemist trainee".
14. Regulation 78B amended (Drugs and Therapeutics Committee)
Regulation 78B(3) of the Principal Regulations is amended by omitting "pharmacist" and substituting "pharmaceutical chemist".
15. Regulation 95AA inserted
After regulation 95 of the Principal Regulations , the following regulation is inserted in Part 6:95AA. Disability service workers may assist with self-administration
A person who is employed by a disability services program approved by the Secretary or employed by a disability service provider who is funded by, and is the subject of a funding agreement with, the Department may assist another person to self-administer a narcotic substance if –(a) the substance has been lawfully supplied to the other person; and(b) the other person has the mental capacity to manage the administration of his or her own medication; and(c) the other person does not have the physical capacity to self-administer the substance.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 21 December 2016
These regulations are administered in the Department of Health and Human Services.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Poisons Regulations 2008 by –(a) amending the list of narcotic substances for which a prescription may only be issued on the authority of the Secretary; and(b) amending the definition of "PBS medication chart"; and(c) providing for the administration of topical local anaesthetics by speech pathologists; and(d) providing for the administration of certain substances by Aboriginal health workers; and(e) providing for disability service workers to assist certain people in the self-administration of narcotic substances; and(f) making various other minor amendments.